Joe Sears Lewis, Jr. v. United States

Appellant was convicted by a jury on two counts, one, of robbing a bank of $7,450 ( 18 U.S.C. § 2113 (a)), and two, of robbing a bank using a deadly weapon ( 18 U.S.C. § 2113 (d)). Jurisdiction below existed under 18 U.S.C. § 3231 , and exists here. 28 U.S.C. § 1291 . Appellant was sentenced to two concurrent ten year terms.

His defense was an alibi: that he had not been near the Arizona Bank, El Conquistador Branch, 3805 Broadway, Tucson, Arizona, on the morning of April 29th, 1965, the date of the robbery. (R. T. 182-3). He produced witnesses to indicate he was elsewhere. However, he was identified by six prosecution witnesses as the perpetrator of the crime; and certain witnesses identified certain clothing found in his possession at the time of his arrest.

Appellant by his alibi inferentially denied robbing the bank on direct examination. He also explained, on direct examination, that his home was in St. Regis, Montana; when and why he came to Arizona from there; and why he had a gun on his person when he was arrested.

On cross-examination, he was asked about three matters: (1) when he returned to St. Regis, Montana (R.T. 186); (2) what car he drove (R.T. 187); and (3)…